Inheritance rights of an intentional murderer from the slain person

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

Scholars are in consensus that an intentional murderer does not inherit anything from the one they killed. Evidence supporting this consensus includes the action of Umar, may Allah be pleased with him, who granted the blood money (*diyah*) of Ibn Qatadah Al-Mazhiji to his brother instead of his father, as the deceased had killed him with a sword. This incident was widely known among the Companions and not rejected, thus constituting consensus. Umar stated he heard the Messenger of Allah, peace and blessings be upon him, say: "The killer has nothing." This is narrated by Malik in his Muwatta and by Imam Ahmad with an authentic chain. Ibn Abbas, may Allah be pleased with them both, narrated that the Messenger of Allah, peace and blessings be upon him, said: "Whoever kills a person, he shall not inherit from him, even if he has no other heir besides his father or his son; the killer has no inheritance." Furthermore, allowing the killer to inherit would encourage increased killing, as the heir might hasten the death of the deceased to acquire wealth, similar to the incident of the Israelite who killed his uncle, concerning whom Allah revealed the story of the Cow.

Supporting text

A minority opinion was reported from Sa'id ibn al-Musayyib and Ibn Jubayr, who held that the killer inherits because the verse concerning inheritance encompasses him generally, requiring adherence to it, though this view is set aside due to its singularity and the evidence contrary to it. It is also stated that a killer did not inherit after 'Amil (the name of the slain person).